Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 30 September, 2021
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
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The High Court Of Madhya Pradesh
MCRC-46511-2021
(DEEPAK Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:-30/09/2021
Shri Girdhar Gopal Shivhare, learned counsel for the applicant.
Smt. Abha Mishra, learned Public Prosecutor the respondent-
State.
I.A.No.28069/2021, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.
This is the first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 6/7/2021 in connection with Crime No.583/2021 registered at Police Station Dabra, District Gwalior (M.P.) for offence under Sections 304-B, 498-A, 34 of IPC.
It is submitted by learned counsel for the applicant- Deepak that the applicant is innocent and he has not committed any offence. He has falsely been implicated in this case. It is further submitted that the applicant is brother-in-law of the deceased. Marriage was solemnized on 13/6/2020 and the deceased committed suicide on 27/6/2021 by hanging. There is no overt act or demand of dowry on the part of the present applicant. Co-accused-Rakesh has already been granted bail by this Court vide order dated 07/09/2021 passed in M.Cr.C.No.42417/2021. The present applicant is on same footing with the co-accused. It is also submitted that in case of grant of bail, in addition to the conditions imposed by this Court, applicant is ready and willing to deposit a sum of Rs.2,000/- with the High Court Legal Aid 2 The High Court Of Madhya Pradesh MCRC-46511-2021 (DEEPAK Vs THE STATE OF MADHYA PRADESH) Services Authority for treatment of visually impaired children Hence, on the basis of parity, prays for grant of bail to the present applicant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.
Learned State counsel has vehemently opposed the application and has submitted that the case is registered under Sections 304-B, 498- A, 34 of IPC. It is further submitted that the present applicant is the brother-in-law of the deceased. There was also demand of dowry and cruel behaviour of the in-laws. Considering the nature and gravity of offence, prayed for rejection of the bail application of the applicant.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
Considering the arguments advanced by learned counsel for the applicant, co-accused of this case has already been granted bail by this Court, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.
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The High Court Of Madhya Pradesh MCRC-46511-2021 (DEEPAK Vs THE STATE OF MADHYA PRADESH) In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if his test is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make their personal arrangements, then he shall be released only after taking due travel permission from local administration. After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take them in custody and would send them to the same jail from where he was released.
This order will remain operative subject to compliance of the following conditions by the applicant :-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be; 4
The High Court Of Madhya Pradesh MCRC-46511-2021 (DEEPAK Vs THE STATE OF MADHYA PRADESH)
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence of which she is accused;
5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
7. The applicant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.
8. As submitted by learned counsel for the applicant above, applicant is directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand Only) with the Secretary, High Court Legal Aid Services Authority, Gwalior, which shall be utilized for treatment of visually impaired children.
Application stands disposed of in above terms. E-copy of this order be sent to the trial Court concerned for compliance.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava) Judge Monika MONIKA Digitally signed by MONIKA SHARMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya SHARMA Pradesh, 2.5.4.20=1cbbae26c87c00013f5046748e62 527c7ddf7dd9146694af9eed96f47a359612 , cn=MONIKA SHARMA Date: 2021.10.01 10:50:30 +05'30'